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Injured Workers’ Rights and Responsibilities

Workers’ Compensation Attorney in Sacramento

When workers suffer an injury while on the job, they often believe their employer will simply do what is right and provide workers’ compensation. Many encounter a rude awakening, unfortunately. As an injured worker, it is important to understand your rights and responsibilities to ensure your case goes smoothly and you receive the compensation you deserve.

If you’ve been injured on the job, call Smolich and Smolich today at (916) 571-0400 to schedule your free consultation and learn more about your options.

Injured Worker Rights

Regardless of who caused or contributed to the injury, injured workers have a right to receive benefits. They may only be denied these benefits if:

  • The worker intentionally caused the injury
  • The injury occurred while the worker was voluntarily participating in an off-duty activity
  • The injury occurred during a fight initiated by the injured worker

If you were injured in the workplace, you are also entitled to medical care to treat the injury. Workers can choose any doctor who is licensed to practice in the state, but may also see an out-of-state choice if it is mutually agreed upon by the insurance carrier. If you have a referral, this mutual agreement is unnecessary. Additionally, you do not need approval to visit a different doctor if any of the following apply:

  • You require emergency treatment
  • The doctor is within the same clinic or partnership

Injured Worker Responsibilities

Workers also have responsibilities when they sustain injuries while on the job. These responsibilities include:

  • Informing the employer of the work-related injury or illness as soon as possible
  • Submitting to reasonable medical or surgical treatment as long as it does not endanger the employee’s life or limbs
  • Submitting to reasonable examinations scheduled by either the insurance carrier or self-insured employer
  • Informing the insurance carrier of any income changes
  • Telling the doctors how the injury occurred and if it is work-related
  • Telling the insurance carrier how best to contact him or her

Injured at Work? Call Our Certified Specialists!

At Smolich and Smolich, our Sacramento workers’ compensation attorneys are dedicated to guiding injured workers through the process of obtaining compensation from start to finish. If you were injured at work, you have rights and deserve to have them protected.

Contact us today for a free consultation at (916) 571-0400.

Recent Reviews

  • I am so happy to have such knowledgeable and helpful people to help during this difficult time. Sam was super responsive and always willing to answer questions, regardless how big or small.

    “My circumstances were a bit unusual - my husband applied for Social Security Disability, but unfortunately passed away during the review process. Sam and Sarah worked diligently to see the case through to the end, and provide our family the benefits we were owed. A special thank you to Sam, he was always very responsive, willing to go above and beyond, and willing to answer questions whether big or small. Thank you, Smolich and Smolich!”

    Smolich and Smolich is so helpful!

  • Fantastic and Wonderful

    “Sarah Greer and Sam Eldaly from Smolich & Smolich are a fabulous team to work with. I had to apply for SSDI due to my Parkinsons and they handled it not only a professionals but as if they were sitting across the table from me in person the entire time. They are a dynamite team! I highly recommend them to anyone for a fantastic and timely managed experience. Thank you Smolich & Smolich!”

    Barbara Light

  • Without Smolich & Smolich taking my case I would have never gotten my benefits!!!

    “Without Smolich & Smolich taking my case I would have never gotten my benefits!!! Rob Smolich took my case himself and was so helpful in every step of the way. I cant say anything negative about Smolich & Smolich. I had a lawyer before him and he was way more personable. His office took all the stress off my back and made me feel at ease during the time period of waiting. Have nothing but good things to say about this company. They are completely professional!!!!”

    Dustin Walker

  • You were so proactive and informative, you really did take away so much of my stress during the whole process.

    “I sincerely apologize for the delay! I truly thought I had already sent this off to almost 3 months ago! Thank goodness I had someone helping me clean and organize the apartment last week. She found your letter behind my bookcase. I would like to take this opportunity to once again thank you for your support and dedication throughout my case. You were a true blessing to me. You were so proactive and informative, you really did take away so much of my stress during the whole process. Just the fact that you returned a call so promptly was a very big deal to me. It let me know that I mattered to you, Sarah, and the firm. Thanks to the two of you I am finally settled in my own apartment and my mom was able to finally retire. So again, thank you from the depths of my heart for everything that you personally and your firm have done for me. You were true angels in my tie of need.”

    Mandie O'Malley

  • Thank you Sarah and team!

    “I needed to apply for disability and knew nothing about how to go about it. Sarah called me and explained the process and assured me everything would be okay. Her staff went online to fill out my application. She and Marlena kept me updated every step of the way. Within a short time a decision was made in my favor. I cannot tell you how many sleepless nights I had prior to meeting with the team. I would recommend them to anyone who needs help in this area. Thank you so much for all your hard work. Without you I could have never done this.”

    Andrea